AD/GA8/3 Amdt 3 Forward Cargo Door Slide

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2023L01235 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/GA8/3 Amdt 3 — Forward Cargo Door Slide

Legislation

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation relating to safety, amongst other things. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR), the Civil Aviation Safety Authority (CASA) may issue an airworthiness directive (AD) for a kind of aircraft or aeronautical product. Under subsections 98 (5B) and (5BA) of the Act, an AD is a legislative instrument unless it is expressed to apply in relation to a particular person, a particular aircraft or a particular aeronautical product.

Subsection 98 (5D) of the Act provides that a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time, even if the other instrument or writing does not yet exist when the legislative instrument is made.

Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most International Civil Aviation Organization Contracting States.

The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft or aeronautical products.

Gippsland Aeronautics are the manufacturer of the GA8 Airvan aircraft.

In 2005, an in-flight loss of a cargo door prompted Gippsland Aeronautics to publish service bulletin SB-GA-2005-23 which required a programme of inspections and a minor update to the door slider design. CASA issued AD/GA8/3 to mandate compliance with the service bulletin.   

Based on in-service experience, Gippsland Aeronautics have updated the service bulletin several times, CASA have updated AD/GA8/3 to reflect these changes as appropriate.

On 30 May 2023, following a further cargo door loss, Gippsland Aeronautics updated service bulletin SB-GA-2005-23 to Issue 7. Consequently, CASA has issued a further version of AD/GA8/3.  The new AD, AD/GA8/3 Amdt 3, will become effective on
15 September 2023.  This AD cancels and replaces the previous issue.

As Australia is the State of Design for the GA8, CASA is required to develop, and to transmit to other States of Registry, an AD to correct the identified unsafe condition. 

Documents Incorporated by Reference

Under subsection 14 (2) of the Legislation Act 2003 (the LA), unless the contrary intention appears, a legislative instrument may not incorporate any matter contained in an instrument or other writing as existing from time to time. Subsection 98 (5D) of the Act provides that, despite section 14 of the LA, a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time.

AD/GA8/3 Amdt 3 incorporates Gippsland Aeronautics service bulletin
SB-GA8-2005-23 Issue 7. This document is freely available from the Gippsland Aeronautics website: https://gippsaero.com.au/support/ For subsection 98 (5D) of the Act, the service bulletin is incorporated as it exists on the date of commencement of this AD.

Consultation

CASA published Proposed Airworthiness Directive PAD/GA8/3 Amdt 3 for public consultation and accepted responses from 13 July – 10 August 2023.

Sector risk, economic and cost impact

Subsection 9A (1) of the Act states that, in exercising its powers and performing its functions, CASA must regard the safety of air navigation as the most important consideration. Subsection 9A (3) of the Act states that, subject to subsection (1), in developing and promulgating aviation safety standards under paragraph 9 (1) (c), CASA must:

(a) consider the economic and cost impact on individuals, businesses and the community of the standards; and

(b) take into account the differing risks associated with different industry sectors.

The cost impact of a standard refers to the direct cost (in the sense of price or expense) which a standard would cause individuals, businesses and the community to incur. The economic impact of a standard refers to the impact a standard would have on the production, distribution and use of wealth across the economy, at the level of the individual, relevant businesses in the aviation sector, and the community more broadly. The economic impact of a standard could also include the general financial impact of that standard on different industry sectors.

The economic and cost impact of the instrument has been determined by:

(a) the identification of individuals and businesses affected by the instrument;

(b) consideration of how the requirements to be imposed on individuals and businesses under the instrument will be different compared to existing requirements;

(c) a valuation of the impact, in terms of direct costs on individuals and businesses affected by the instrument to comply with the different requirements. This valuation is consistent with the principles of best practice regulation of the Australian Government.

CASA has assessed that the economic and cost impact of the instrument is not significant. The requirements of the instrument apply to holders of certificates of registration of relevant aircraft.

Impact on categories of operations

The instrument is likely to have a beneficial effect on operations conducted by the relevant aircraft because it improves safety of the aircraft involved.

Impact on regional and remote communities

The instrument will not have a negative impact on regional and remote communities.

Office of Impact Analysis (OLA)

An Impact Analysis (IA) is not required because ADs are covered by a standing agreement between CASA and OIA under which an IA is not required for ADs (OIA id: 14507).

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

Making and commencement

The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR and subsection 94 (1) of the Act.

As an instrument relating to aviation safety made under CASR, Part 4 of Chapter 3 of the Legislation Act 2003 (sunsetting of legislative instruments) does not apply to this instrument (item 15 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015). The instrument requires that the action set out in the instrument, that relates to aircraft or aeronautical products, be taken to correct an unsafe condition. As such, the instrument is intended to have enduring operation and it would not be appropriate for it to be subject to sunsetting.

The instrument commences on 15 September 2023.

[Instrument number AD/GA8/3 Amdt 3]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

AD/GA8/3 Amdt 3 – Forward Cargo Door Slide

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the legislative instrument

The Civil Aviation Safety Authority (CASA) issued AD/GA8/3 Amdt 3 to update the Service Bulletin version referenced in AD/GA8/3 Amdt 2.

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority

Overview

The Civil Aviation Safety Regulations 1998 (CASR) were enacted to ensure the safety of air navigation, as stipulated under the Civil Aviation Act 1988. This Act empowers the Governor-General to establish regulations that align with international civil aviation safety standards, particularly those concerning the safety of aircraft and aeronautical products. The Civil Aviation Safety Authority (CASA) plays a critical role in this framework by issuing airworthiness directives (ADs) to mandate compliance with safety requirements. One such AD, AD/GA8/3 Amdt 3, was introduced to address a recurring safety issue with the cargo door slide of the GA8 Airvan aircraft manufactured by Gippsland Aeronautics. This amendment responds to an unsafe condition identified after an in-flight cargo door loss in 2005, which led to several updates in the service bulletin and subsequent ADs by CASA. The policy objective is to enhance the continuing airworthiness of the aircraft by ensuring all stakeholders comply with the latest safety directives, thereby maintaining the highest safety standards in civil aviation.

Scope and Application

The AD/GA8/3 Amdt 3 is an amendment to the Airworthiness Directive (AD) issued by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. This amendment applies specifically to the GA8 Airvan aircraft manufactured by Gippsland Aeronautics and mandates compliance with the latest service bulletin issued by the manufacturer to address an unsafe condition concerning the forward cargo door slide. The AD applies to all aircraft operators and maintenance personnel who are responsible for the continuing airworthiness of the relevant aircraft within Australia and internationally. The amendment will become effective on 15 September 2023, replacing the previous AD/GA8/3 Amdt 2. This legislative instrument incorporates the Gippsland Aeronautics service bulletin SB-GA8-2005-23 Issue 7, which is freely accessible on the manufacturer’s website. The AD aims to ensure the ongoing safety of the aircraft by correcting the identified unsafe condition, and its issuance follows consultation with the public. The impact analysis conducted by CASA determined that the economic and cost impact of this amendment is not significant, and it will not adversely affect regional or remote communities. Additionally, the instrument has been assessed as compatible with human rights, as it does not engage any of the applicable rights or freedoms.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR) under the Civil Aviation Act 1988 provide the framework for ensuring the safety of civil aviation in Australia. Specifically, section 39.001 of the CASR allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legally binding orders intended to correct unsafe conditions in aircraft. In this context, AD/GA8/3 Amdt 3 pertains to the forward cargo door slide of the GA8 Airvan aircraft manufactured by Gippsland Aeronautics. This AD was issued to mandate compliance with updated safety requirements following incidents of cargo door loss. The AD requires aircraft operators to comply with service bulletin SB-GA8-2005-23 Issue 7, which outlines a program of inspections and design updates to the cargo door slide. This includes conducting specified inspections at intervals as outlined in the service bulletin and implementing any necessary modifications to the door slider design to ensure the continuing airworthiness of the aircraft. The AD becomes effective on 15 September 2023, and it supersedes the previous version, AD/GA8/3 Amdt 2. Aircraft operators, which include the holders of certificates of registration for the relevant aircraft, are obligated to adhere to the requirements set out in the AD. This involves scheduling and conducting the necessary inspections and making any required modifications to the cargo door slide within specified timeframes. Failure to comply with these requirements could result in the aircraft being deemed unairworthy, which would prevent it from operating until the necessary actions are taken. Non-compliance with the AD could lead to significant penalties. CASA has the authority to enforce compliance and may take actions such as grounding non-compliant aircraft, imposing fines, and taking legal action against operators who fail to adhere to the AD. The specific penalties are not detailed in the AD but are consistent with other enforcement actions taken under the Civil Aviation Act and CASR, which can include substantial fines and potential prosecution. In summary, AD/GA8/3 Amdt 3 is a legislative instrument designed to enhance the safety of the GA8 Airvan aircraft by mandating specific actions regarding the cargo door slide. Operators must comply with the requirements to ensure their aircraft meet the necessary safety standards, and failure to do so could result in enforcement actions and penalties.

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Environmental Law
Instrument
Regulation
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Definitions & Interpretation
Compliance Obligations
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.